Contribution
I thank the hon. Member for the intervention, but when the records exposed threaten either national security or individual security, we must take that into account.
Yesterday, I think we all agreed that families deserve justice and answers, and indeed that many want closure, but with the majority of the murders during the troubles and conducted by terrorist organisations remaining unsolved, there just is not the evidence to get to the truth or to justice. I would like to ask: how is the Bill going to change that? Let us think about that. How is this Bill going to change the amount of evidence, and where is the new evidence to come from? I think we need to be honest with the families: do we genuinely believe that ex-IRA or Unionist terrorists are going to come and give information to this process? If by coming forward to offer information to provide answers that would at the same time self-incriminate the witness or individual providing the information, how many will participate?
I hear people talk about Ireland and about new biometric and forensic evidence-gathering capabilities, but there just is not the evidence to get to the truth. The reality—I could be wrong, and if I am proven wrong, I will hold my hand up—is that very few terrorists, if any, will come forward. The quest for the truth will rely on slivers of new evidence—and I mean slivers, although that does not mean we should not investigate them—that are found or indeed that arise from Ireland opening and giving the UK access to its extensive archives. Do we believe Ireland will do that? It would be politically very difficult and legally painful, and indeed it would lead to questioning the reputation and moral compass of successive Irish Governments.
We need to be honest with families: this Bill will not magically produce new evidence, and that creates a very real problem when, 30 or 40 years later, we try to establish the truth through legal proceedings. Material available to investigators is inevitably much richer on one side than it is on the other. If we put the cases through different processes as well, we will make the problem even worse. I have described this before as creating a hierarchy of truth. I do not mean that as a slogan, but something quite specific. What can be investigated most easily becomes what gets investigated most thoroughly, and what gets investigated most thoroughly produces the most findings. After enough years have passed, those findings start to become the history of the conflict. I do not believe anybody in this Chamber intends that to happen—I genuinely do not think that is the case—but intention is not really the point. We need to look at where the system we are building eventually takes us.
The Bill is trying to prevent repeat investigations, and I welcome the work to do so. I will, however, give a small example. Soldier B from Coagh has not been charged, but has had eight years of legal process, and three court cases have ruled that his actions were justified and there was appropriate use of force, yet the family have received legal aid to take the case again to the Supreme Court. Soldier B is unlikely ever to be charged, but he has undergone eight years of legal uncertainty and will endure many more. This is not about prosecutions; this is about the process being wielded as the punishment.
I come at this as a Labour MP. The Good Friday agreement asked an enormous number of people to do very difficult things. There were decisions made as part of that settlement that many people found very hard to accept, and still do. Prisoners walked out of jail, and people who had been enemies were expected to sit in government together. Blair and Mo Mowlam understood that there was no settlement available that could somehow settle every account from the previous 30 years, but they were trying to stop another generation having to live the same argument.
I worry that we are in danger of doing the opposite with legacy. In 10 or 15 years’ time, the Northern Ireland people’s understanding of what happened will come in large part from what is being established now. If over those years one part of the conflict has been examined again and again, because that is where records and people are available, while much of the activity of terrorist organisations remains beyond reach, we should not be surprised if people begin to draw conclusions from that. That would be a poor legacy for a Labour Government to leave them.
None of this diminishes what families have been through. There are people—hundreds of people—who have spent decades trying to find out what happened to someone they loved. They are entitled to pursue the truth, and I would never vote for a system designed to deny it to them. However, I also know veterans who have lived for years with the possibility that somebody will reopen an event that has already been examined, sometimes more than once—in many cases more than once. Many of those people are now very old men, and we cannot keep pretending that endless process is the same thing as justice.
The Government have chosen to strengthen the legacy commission, and I think that is the right thing to do. If we believe the commission can do this work, let it do the work. We should give it these outstanding cases and the material already collected and let the families take part, and if it finds evidence that belongs before a court, that is where it should go. Even the Joint Committee on Human Rights has questioned the justification for having two approaches to these revived inquests. I think that is a fair question, and I have yet to hear a convincing answer, other than that it will stress-test the framework agreement with the Irish.